Clifton v. Johnson: The Texas Supreme Court Puts Some Guardrails on Van Dyke
The Texas Supreme Court's Clifton v. Johnson decision delivers the clearest guidance yet on when the Van Dyke floating royalty presumption can be overcome.
Producer’s Edge
TEXAS OIL AND GAS LAW BULLETIN
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The Texas Business Court Continues to Stress the Importance of Properly Pleading Facts to Support Your Cause of Action
The Texas Business Court's latest opinion in Enosis Investments v. Jensen delivers another clear message: insufficient pleading will sink your case — before it ever reaches trial.
26-Step Mechanical Framework For Interpreting Deeds?
Texas courts reject "mechanical" deed interpretation while creating a 26-step framework. Bush v. Yarborough reveals the irony of structured analysis disguised as flexible law.
Supreme Court of Texas Washes Out the “Anadarko Washout”
If your co-tenant drills the well… does your lease still live? The Texas Supreme Court just tackled a high-stakes question that’s shaken up oil and gas titles across the state.
Plain Language Meets Common Sense: Hidden Traps in Oil Patch Contract Interpretation
What happens when a court reads your contract literally for one issue but decides what 'makes sense' for another? A geophysicist just found out.
Unclear Jury Instructions Allow for Various Interpretations
Lario Oil & Gas Co. v. Black Hawk Energy Services, Ltd. highlights the importance of carefully drafting jury instructions and questions.
"Void" Means Void: How Missing Consent Toppled a $2.5 Million Pipeline Judgment
Texas court: Pipeline assignment without written consent was 'void,' destroying entire chain of title and $2.5M judgment. One broken link meant all downstream transfers fail.
Who Can Enforce Surface Provisions in an OGL?
Mineral owners are often subject to general oil and gas lease forms that include provisions benefitting the surface estate. But, when they own no interest in the surface, who, if anyone, has the right to enforce those provisions?
When Does a Fixed NPRI Become Floating?
The Texas Supreme Court ruled that ratifying a lease doesn't change a fixed NPRI to a floating one. However, a subsequent stipulation between parties can modify the NPRI, rejecting the argument that an unambiguous deed cannot be altered by a later stipulation.
Winter Storm Uri and Force Majeure: The Legal Battles Continue
Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims, many of them hinging on widely used contracts like the NAESB model form.
When Wastewater Becomes Liability: Texas Court Expands 'Waste' Doctrine to Disposal Wells
In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while preserving the reasonably prudent operator defense.
Broad Assignments & Deep Disputes: Decoding Depth Descriptions
Assignments of oil and gas leases often consist of broad and abstract granting clause in the body, which then points to an exhibit for a listing of the specific interests being assigned, and it is not uncommon for...
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